Select Committee on Education and Recreation

Further Education and Training Colleges Amendment Bill [B24B-12]

24 OCTOBER 2012

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Further Education and Training Colleges Amendment Bill, 2012 (FETCA Bill) (B24-2012)

This Bill, 2012 seeks to amend the Further Education and Training Colleges Act, 2006 as follows:

• to amend certain definitions; • to amend provisions relating to the establishment

of a public college;• to establish the South African Institute for

Vocational and Continuing Education and Training (SAIVCET);

• to provide for the composition, functions and functioning of the SAIVCET;

• to provide for transitional arrangements;• to provide for the repeal of the Adult Education

and Training Act, 2000;• to provide for matters connected therewith.

This Bill was certified by the State Law Advisors. All processes and procedures have been complied with. The Bill was tabled in Parliament on 31 May 2012, deliberated and approved by the National Assembly.

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Clause 1:The following definitions were amended and new definitions inserted:

“college”- to provide for the following types of public colleges:

• TVET college - a technical and vocational education and training college ; and

• CET college - a community education and training college.

- to provide for a private college, established, declared or registered under the FETC Act, but not a college under the authority of a government other than the DHET.

“Institute” - to provide for SAIVCET

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“continuing education and training” is defined and “further education and training” is deleted;

The definitions of “private college”; “public college” and “to provide continuing education and training” are amended to ensure these definitions are in accordance with the concept of continuing education and training;

A definition of “Institute” is inserted

“National Qualifications Framework”– to provide for references to the NQF Act, 2008, instead of the repealed SAQA Act, 1995.

Clauses 3 to 4; 6 to 14; and 16 to 19– These clauses seek to amend the relevant sections of the principal Act by substituting the word “further” wherever it occurs, with the word “continuing”.

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Clause 2

The amendments to section 3 of the principal Act provide for the establishment of two types of public colleges, which also are juristic persons, namely:

• TVET colleges - technical and vocational education and training colleges ; and

• CET colleges - community education and training colleges

A Notice must be published which must set out-

• the date of the establishment of the college;

• whether the college is a TVET college or a CET college;

• the name of the college; and

• the physical location and address of the college.

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Clause 5

Seeks to amend section 11 of the principal Act in that the Minister may by Notice in a Gazette determine that a specified CET college does not require an academic board if -

• the diversity of qualifications or part-qualifications do not justify the establishment of an academic board; and

• the decision is taken in the best interest of the college and the delivering of

continuing education and training within that college.

If the Minister publish such a Notice, the DHET must perform the functions of the academic board applicable to the college.

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Clause 15

Seeks to amend the FETC Act, 2006 by the insertion of a new chapter 7A, whereby the SAIVCET is established, plus the provisioning of a framework within which SAIVCET is to be funded and governed, as well as related functions thereof.

This Chapter introduces new sections 43A to 43K.

Section 43A allows for the establishment of SAIVCET as a juristic person, by the Minister.

Section 43B deals with the functions of the SAIVCET.

Section 43C deals with the governance structure of SAIVCET, namely the board.

Section 43D provides for the vacation of office and filling of vacancies of the board members.

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Clause 15 continues

Section 43E provides for the funds and accountability of the SAIVCET.

Section 43F provides for the intervention of the Minister if SAIVCET-

is involved in financial impropriety or being mismanaged; is unable to perform its functions effectively; has acted unfairly or in a discriminatory

or inequitable way towards a person to whom it owes a duty in terms of the

FETC Act; has failed to comply with any Ministerial

directive; has obstructed the Minister or a person

authorised by the Minister from performing a function ito the FETC Act.

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Clause 15 continues

Before the Minister may take a decision, he must comply with the provisions of the Promotion of Administrative Justice Act, 2000 (PAJA).

Should the board fail to comply with the Ministerial directive within the stated period, the Minister must dissolve the board and appoint an Administrator to perform all functions of the SAIVCET.

The costs of the appointment of the administrator will be for the account of SAIVCET.

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Clause 15 continues

Section 43G provides for the appointment of an administrator by the Minister, after consultation with the board if practicable, to take over the governance & administration of SAIVCET, and to perform the functions of SAIVCET if any one of or if any combination or if all the following circumstances occur:-

an audit of accounts, financial statements and records of SAIVCET or a report by a

Ministerial Committee reveals financial or other maladministration of a serious nature or the serious undermining of the effective functioning of the SAIVCET;

any other circumstances arise that reveals financial or other maladministration of a

serious nature or the serious undermining of the effective functioning of SAIVCET; or

the board requests such an appointment.

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Clause 15 continues

The appointment of an administrator must be in the interest of SAIVCET and continuing education and training.

The period of appointment may not exceed two years.

Sections 43H, 43I and 43J respectively provides for –

• assistance to the administrator;• remuneration and allowances; and• for the dissolution of the board from

the date that the Minister appoints the administrator.

Section 43K provides for the closure and disestablishment of an Institute (SAIVCET) whereby all assets, including immovable property and all liabilities will vest in the state.

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Clause 20 provides for the Short Title which has the effect of the renaming of the principal Act, to be called the “Continuing Education and Training Act, 2006 (Act 16 of 2006) in stead of the “Further Education and Training Colleges Act, 2006”.

Clause 21 deals with the amendment of Schedule 1 to the principal Act, so as to bring the Schedule in line with the proposed amendments to the principal Act. Clause 22 deals with the amendment to the Preamble of the principal Act to ensure access to basic adult education, further education and training and the workplace through continuing education and training by persons who have been marginalised in the past, such as women, the disabled and disadvantaged; and whereas it is desirable for CET colleges and TVET colleges to perform specific functions by offering basic adult education and further education contemplated in section 29(1) of the Constitution of the Republic of South Africa.

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Clause 23 deals with the amendment to the Long Title to provide for the concepts of continuing education and training ; technical and vocational education and training colleges; community education and training college; the offering of continuing education and training qualifications or part qualifications and the SAIVCET institute.

Clause 24 deals with the repeal or amendment of laws and to the extent mentioned in the Schedule.

Clause 25 provides for transitional arrangements, such as any college in existence immediately before the commencement of this Amendment Act, continues to exist as a VCET college and is deemed to have been established as a TVET college.

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Any member of a council, academic board and student representatives council of a college appointed ito FETC Act, as it existed immediately before this Act took effect, and who is in office immediately before the commencement of this Act, continues to be a member of such council or board and continues to perform the functions of the council or the board of the TVET college deemed to have been established ito s 3(1)(a) of the principal Act.

Similar transitional arrangements are provided for AET centres, where AET centres are deemed to be CET colleges. All the other related matters are dealt with by way of these transition arrangements.

Clause 26 provides for the short title and commencement of this Amendment Act, which comes into operation on a date to be determined by the President by notice in the Gazette.

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Incorrect wording detected in the current Bill to be considered by

this Committee

• Clause 1: Subsection (b) of the definition of “college”:

“(b) a private college that is [established, declared or] registered under this Act,”.

• Clause 15: Section 43B(l): “Sector Education and Training Authorities” and not “Services” Education and Training Authorities.

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Enkosi

Thank you

Siyabonga

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